SECTION 15, 16 OF CODE OF CIVIL PROCEDURE 1908
Court in which suits to be instituted? What is the
meaning Suits to be instituted where subject matter situate? Section
15 and 16 of Code of Civil Procedure 1908
Court in which suits to be instituted and Suits to be
instituted where subject matter situate are defined under
Section 15 and 16 of
Code of Civil Procedure 1908. Provisions under these Sections
are:
Section 15 of Code of Civil Procedure 1908 "Court in
which suits to be instituted"
Every suit shall be instituted in the Court of the lowest
grade competent to try it
Section 16 of Code of Civil Procedure 1908 "Suits to
be instituted where subject matter situate"
Subject to the pecuniary or other limitations prescribed by
any law, suits
(a) for the recovery of immovable property with or without
rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a
mortgage of or charge upon immovable property,
(d) or the determination of any other right to or interest
in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under
distraint or attachment,
shall be instituted in the Court within the local limits of
whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or
compensation for wrong to, immovable property held by or on
behalf of the defendant may, where the relief sought can be
entirely obtained through his personal obedience, be
instituted either in the Court within the local limits of
whose jurisdiction the property is situate, or in the Court
within the local limits of whose jurisdiction the defendant
actually and voluntarily resides, or carries on business, or
personally works for gain.
Explanation.- In this section "property" means property
situate in 1[India].
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1. Subs. by Act 2 of 1951, s. 3 for "the States" (w.e.f.
1-4-1951).
What is Short title, extent, commencement and
provisions? Section
1 of Code of Civil Procedure 1908
What
are the definitions? Section
2 of Code of Civil Procedure 1908
What
is Subordination of Courts, What is Savings? What is the
Application of the Code to Revenue Courts? Section
3, 4, and 5 of Code of Civil Procedure 1908
What
is Pecuniary jurisdiction? What are Provincial Small Cause
Courts? What is Presidency Small Cause Courts? Section
6, 7, and 8 of Code of Civil Procedure 1908
What
is the meaning Courts to try all civil suits unless barred?
What is Stay of suit? What is Res judicata? Section
9, 10 and 11 of Code of Civil Procedure 1908
What is Bar to further suit? When foreign judgment not
conclusive? What is Presumption as to foreign judgments? Section
12, 13 and 14 of Code of Civil Procedure 1908
Court in which suits to be instituted? What is the meaning
Suits to be instituted where subject matter situate? Section
15 and 16 of Code of Civil Procedure 1908
What is the meaning Suits for immovable property situate
within jurisdiction of different Courts? Section
17 of Code of Civil Procedure 1908
Where is the Place of institution of suit where local limits
of jurisdiction of Courts are uncertain? Section
18 of Code of Civil Procedure 1908
What is Suits for compensation for wrongs to person or
movables? Section
19 of Code of Civil Procedure 1908
What is the meaning Other suits to be instituted where
defendants reside or cause of action arises? Section
20 of Code of Civil Procedure 1908